Turner v First Secretary of State & Anor

Turner v First Secretary of State & Anor

There was no error of law in the Secretary of State's confirmation of the compulsory purchase order. The property was uninhabitable, voluntary restoration had failed, and the claimant had no real prospect of making it habitable. The CPO was proportionate and justified in the public interest. The claimant's human rights were not breached, and there was no procedural unfairness or consideration of irrelevant matters.

Parties
Claimant: David Alan Turner; First Defendant: First Secretary of State; Second Defendant: Rushmoor Borough Council
Jurisdiction
England and Wales
Judgment Date
14 August 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Compulsory Purchase Order, Acquisition of Land, Housing Law, Judicial Review, Costs, Article 8 ECHR, Article 1 Protocol 1 ECHR
Administrative Law Property Law Human Rights Compulsory Purchase Order Acquisition of Land Housing Law Judicial Review Costs +2 more

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Parties

David Alan Turner

Claimant

First Secretary of State

First Defendant

Rushmoor Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the confirmation of the compulsory purchase order was lawful
  2. 2 Whether there was an error of law by the Secretary of State in confirming the CPO
  3. 3 Whether the claimant's human rights under Article 8 and Article 1 Protocol 1 ECHR were breached

Ratio Decidendi

There was no error of law in the Secretary of State's confirmation of the compulsory purchase order. The property was uninhabitable, voluntary restoration had failed, and the claimant had no real prospect of making it habitable. The CPO was proportionate and justified in the public interest. The claimant's human rights were not breached, and there was no procedural unfairness or consideration of irrelevant matters.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review dismissed
  • Order for costs in favour of the Treasury Solicitor in the sum of £6,000 plus VAT